General Terms and Conditions of Charter/ Agreement
The yacht owner named Gold Sail d.o.o. with its registered office in Labinskie Republike 10, 52210 Rovinij, Croatia, hereinafter referred to as GS, charters a yacht based on the prices and under the conditions specified in the price list available at www.g-sail.eu.
General rules. Subject of the obligations of the Yacht Owner; yacht owner/ yacht disposer.
1.1 The following conditions for chartering the yacht (hereinafter the YCC) define the rights and obligations of a person chartering the yacht (hereinafter the Charterer) and GS Company (hereinafter referred to as the Yacht Owner) in terms of chartering the yacht. These conditions are an agreement for yacht charter and become binding for the Parties upon acceptance of this document when reserving the yacht.
1.2 The subject of the agreement for charter refers exclusively to chartering the yacht with a skipper/captain of the yacht and with basic and additional equipment defined and listed in the delivery and acceptance protocol.
1.3 The Yacht Owner shall provide the Charterer with the registered, approved for shipping unit, insured for Liability of the Yacht Owner and CASCO, and equipped as required by the safety regulations.
1.4 The chartering times shall begin at the moment of transfer of the yacht to the Charterer and signing the delivery and acceptance protocol or from the date specified in the on-line reservation made by the Charterer. The delivery and acceptance protocol shall be filled and signed by both parties of the agreement for charter and shall be enclosed as an annex to this agreement and the reservation. Upon signing the delivery and acceptance protocol, the Charterer shall be financially responsible for the yacht and its equipment, as listed in the protocol. The protocols shall be signed in a location of receiving the yacht.
Requirements of the Charterer
2.1. The yacht being the charter subject shall be provided only to the adult Charterer, who shall present an identity document, proof of payment of the full charter fee and sailing license or sailing book with the entry of the appropriate level of sailing of a leading person relevant to the yacht being the charter subject.
2.2. If the Charterer does not have the sailing permissions, the yacht shall be provided to a person designated by the Charterer and holding appropriate sailing permissions. A person receiving the yacht shall be obliged to meet the obligations of the yacht leader for the duration of the charter.
2.3 If the Charterer does not have the sailing license or does not designate a person with appropriate sailing qualifications, a skipper, designated by the Yacht Owner, shall take responsibility for a cruise; however, this shall not relieve the Charterer from the responsibility for the charter.
2.4. The skipper, on behalf of the Yacht Owner, in any case, shall be involved in the cruise and shall be the captain of the chartered unit.
Subject of the obligations of the Charterer
3.1. The Charterer shall be obliged to pay the charter fee and the guarantee deposit in accordance with the provisions of this Agreement for Charter and the YCC, receive the yacht from the Yacht Owner at the date of commencement of charter, and return the yacht to the Yacht Owner at the end of the charter in the marina determined in the reservation, in not worse condition.
3.2. The Charterer is obliged to operate the yacht in accordance with the applicable rules and principles of good seamanship.
Reservations, fees and terms of payment, deposit.
4.1 The yacht may be reserved by phone or on-line via the reservation system on the website of the Yacht Owner (www.g-sail.eu) or via e-mail firstname.lastname@example.org, obtaining on-line confirmation of the reservation of the yacht. The confirmation of the reservation provided on-line shall mean that a customer interested in the reservation shall be included on the list, and shall not mean a clear confirmation (conclusion of the agreement), and shall not entitle the customer to make claims relating to the conclusion of the agreement.
4.1. The confirmation of the reservation of the yacht shall involve making the reservation fee of 50% of the total charter fee, and if the reservation is made by phone or mail, signing this Agreement for Charter and the YCC. The reservation fee shall be paid within 2 days of receiving the confirmation of the reservation deposit to the account of the Yacht Owner. 30 days prior to the charter period, the reservation fee shall be increased by making a payment of the remaining amount of the charter, i.e. the payment of the full fee for the charter, as stated in this agreement, to the Yacht Owner.
4.2. If the difference between the date of the reservation of the charter and its commencement is less than 40 days, it shall be required to pay the whole charter fee when making the reservation.
4.3. For all payments, the Charterer shall receive the invoice documenting the made payments, issued for a designated person. After the cruise, the Charterer shall receive a VAT invoice settling the made individual payments.
4.4. The payment by the Charterer of 50% of the amount representing the full payment of the charter shall be considered an advance payment, obtained by the Yacht Owner in case of cancellation of the order before the determined date of the commencement of the charter.
4.5. If the order is not cancelled, for the whole period of the agreement for charter, the ordered yacht shall remain in the marina for the Charterer, and the whole made payment for the charter shall not be refundable.
4.6. No transfer of additions to the main payment within the specified agreed period shall be considered as a resignation from charter, and the reservation fee shall be forfeited in full to the company of the Yacht Owner, and the Charterer shall have no right to demand to return the fee.
4.7. The cost of the yacht charter shall be determined based on the current price list, found on the website of the Yacht Owner.
4.8. Due to the fact that the agreement for charter is concluded for a fixed term, even if the yacht is returned before the expiry of the deadline determined in the agreement, the fee for the charter of the yacht shall be paid in full for the whole charter period determined in the agreement unless the possibility of early termination by the Charterer has been included in the agreement. The minimum period of the charter of the yacht shall be specified in the price list - all deviations shall be included in the agreement.
4.9. It shall be allowed to change the reservation date at the request of the Charterer. The submitted request shall not mean the provided change. The Yacht Owner shall undertake to reliably assess the technical capacity to change. The reservation may be changed free of charge.
4.10. Before the yacht is provided to the Charterer, the Charterer shall be obligated to pay the Yacht Owner, in cash or via bank transfer, the deposit in the amount determined in the price list for the type of the yacht.
4.11. After the Charterer returns the yacht to the Yacht Owner, within the deadline and in condition complying with the provisions of these agreed terms, the guarantee deposit shall be returned to the account of the Charterer within 7 days of the return of the yacht without comments and complying with the delivery and acceptance protocol signed upon receiving/provision of the yacht. In the case of claims, the Yacht Owner shall deduct the equivalent from the guarantee deposit. If the value of the aforementioned claim exceeds the value of the deposit, it shall be covered from the yacht insurance. The Yacht Owner shall have the right to claim further damages from the Charterer on general rules.
5.1. The yachts are insured for liability of the Yacht Owner, and to the extent appropriate for the AC yacht insurance (casco).
5.2. The agreement for charter shall include the General Insurance Conditions (hereinafter the GIC) describing in detail the procedures and requirements in relation to the Charterer in case of damage covered by the insurance. The Charterer shall be obliged to read and strictly comply with the GIC, which shall be confirmed by the Charterer with its signature on a document of provision of the yacht.
5.3. In the case of non-compliance, the Charterer shall be fully responsible for any losses arising in this respect, and in particular if, as a result of non-compliance with the GIC, the insurer denies or reduces the paid compensation.
5.4. In the case of total destruction or theft of the yacht by the fault of the Charterer, the deposit shall be totally forfeited in favour of the Yacht Owner. This does not preclude claims on the general rules for further compensation unless the Charterer is responsible for the damage.
Withdrawal from the charter
6.1. If the Charterer withdraws from the agreement for charter before receiving the yacht, which is made in writing to be null and void (the date of withdrawal from the charter shall be the date of the submission of the withdrawal document to the Yacht Owner), the Yacht Owner shall charge the Charterer with the lump administrative costs and losses, such as:
a) up to 45 days before receiving the yacht: 50% of the paid deposit
b) less than 14 days before receiving the yacht: 100% of the paid deposit
6.2. After the conclusion of the agreement, the Charterer may not make changes regarding the date of commencement of the charter, place of receiving or return of the yacht, (change of the reservation). If the Yacht Owner considers that the change of the reservation is possible, the procedure for changing the date shall be executed, about which the Charterer shall be immediately informed.
6.3. In the event of cancellation of the charter by the Yacht Owner, it shall undertake to immediately refund the reservation and the main fees. The Charterer shall not be entitled additional claims in relation to the Yacht Owner in this regard.
Receiving and return of the yacht
7.1. The yacht shall be returned by 9:00 am on the day of finishing the charter, and the yacht shall be received from 15:00 to 19:00 on the day of commencement of the charter.
7.4. The yacht shall be received by the Charterer from an authorized representative of the Yacht Owner at the date of commencement of the charter, after settlement and documentation of the charter fees and upon signing the delivery and acceptance protocol. The Charterer shall enter its comments and concerns regarding the condition of the yacht and its equipment to the delivery and acceptance protocol. In case of any doubts, the Yacht Owner shall assume that the yacht was received in the condition and with equipment compatible with the delivery and acceptance protocol.
7.5. The Yacht Owner shall provide the Charterer with the yacht ready to sail, i,e. clean and efficient, as well as equipped with drinking water, fuel, gas and charged batteries, at a time and place determined in the agreement for charter.
7.6. The Charterer shall be obliged to return the yacht to the Yacht Owner upon finishing of the charter, at a time and place determined in the agreement for charter (based on the provisions in point 7.1.). The Charterer shall be obliged to prepare the yacht to be returned in order to allow efficient verification of the technical condition and quantity of equipment and accessories. The Charterer shall return to the Yacht Owner the yacht ready to sail, i.e. clean and efficient, clarified and without any luggage, equipped with gas and fuel.
7.7. The charter price shall not include fuel costs. The yacht shall be returned with a full tank of fuel. If it is impossible to tank the yacht, the Yacht Owner shall complement the consumed fuel at the expense of the Charterer.
7.8. If the yacht is not received on the commencement date for the reasons attributable to the Charterer, which do not cause termination of the agreement based on the previous charter provisions, the prepared yacht shall wait for the Charterer to be received for the whole period of the charter, for which the agreement was concluded.
7.9. For each day of delay in returning the yacht, after the date of the charter, the Charterer shall pay the Yacht Owner the agreed penalty amounting to the equivalent of a day of the charter, and shall return the costs actually incurred, related to the cancellation or delay of commencement of the next charter, including the costs of accommodation of the next yacht crew.
7.10. The Yacht Owner shall return the Charterer the equivalent of a day of the charter for each day of delay in provision of the yacht to the Charterer. The Charterer shall have the right to demand the return of the charter fee for the second and the next day of a break in the operation of the yacht if this break is by the fault of the Yacht Owner. The break in the operation of the yacht due to force majeure, including storm, lock, seizure of the yacht, quarantine, strikes, repair of a damage arising during operation, shall not cause the loss by the Yacht Owner of the right to obtain the charter fee.
Procedures in case of failure, accident or damage.
8.1. In case of failure, accident or damage, the Charterer shall be obliged to immediately inform the Yacht Owner about this fact at the marina of leaving as well as to apply the proceedings in accordance with the general terms and conditions and the instructions of the Insurer and/or Yacht Owner. Further proceedings shall be dependent on the type of damage/failure. In case of delay in informing the company of the Yacht Owner about failure, accident or damage, the Charterer shall be charged with any costs arising from the delay. The Charterer shall immediately inform the police and the Yacht Owner about an accident, fire, theft or other damages. The notification shall include details of the event including the amount and type of a damage. The post-accident protocol shall include the names and addresses of people involved in the event, and full details of witnesses and possibly the registration numbers of yachts participating in the event, and shall be signed by both parties.
8.2. If a failure, consequences of an accident or damage do not influence on the safety of sailing, and may not potentially cause deterioration of the technical condition of the yacht, the Charterer may continue sailing. In the opposite situation, it shall be obliged to remove a damage, at least to a degree that guarantees safe sailing in the area of non-worsening technical condition of the yacht, and allowing to return to the place specified/agreed with the Yacht Owner.
8.3. If a failure is not caused by a fault of the Charterer, the Yacht Owner shall be obliged to repay the costs incurred for the removal of a failure subject to the submission of full documentation to remove a failure and replaced parts. If it is necessary to repair, which is not a fault of the Charterer, and, at the same time, prevents from the use of the yacht, the Yacht Owner shall agree to reduce the charges for the rental days excluded from the use.
8.4. In the charter period, the Charterer shall be obliged, in agreement with the Yacht Owner, to cover from its own funds the cost of any repairs necessary to continue sailing. The payments for the agreed with the Yacht Owner and documented repairs in terms of removing damages resulting from normal operation of the yacht, removing the damaged yacht or losses of equipment covered by the insurance, shall be returned to the Charterer by the Yacht Owner or the Insurer through the Yacht Owner. The payments shall be returned based on VAT invoices issued to the Yacht Owner.
8.5. The Charterer shall be obliged to remedy any deficiencies and damages in the equipment and accessories of the yacht at the time of finishing the charter and based on the delivery and acceptance protocol drawn up by returning the yacht. In the event of failure to comply with this obligation by the Charterer, the Yacht Owner shall make additions and repairs at the cost of the Charterer. The Charterer shall be obliged to cover the costs of additions and repairs immediately after requesting by the Yacht Owner, no later than 7 days from the finishing of the charter.
8.6. Any repairs executed without the consent of the Yacht Owner shall not be allowed.
Responsibility, rules of compensation.
9.1. In the charter period, the Charterer shall be obliged to comply with all provisions concerning sailing, safety and fire protection of the yacht and its equipment, and follow the rules of good seamanship. On the yacht, smoking in indoor interiors of the yacht, i.e. a cabin and a toilet, is not allowed. It is not allowed to use open fire except for a stove in a galley.
9.2. In the event of a failure by the Charterer to comply with the requirements of regulations in the field of sailing safety and proper use of the yacht, resulting in a refusal to pay compensation under the insurance policy, the full financial liability towards the Yacht Owner and third parties shall be borne by the Charterer. The Charterer shall be obliged to ensure the leading yacht crew with adequate powers required by the relevant rules and the qualifications, skills and experience necessary to lead the yacht and use it in accordance with the regulatory requirements, safety and good seamanship.
9.3. The Charterer shall be obliged to pay, from its own funds, the costs and fees associated with a stop of the yacht, the right to flow and towing as well as consumed or augmented electricity, fuel and drinking water during the charter, and the penalties imposed by competent authorities in respect of offences committed by the Charterer.
9.4. The Charterer shall be obliged to properly secure the yacht and storage of the whole equipment, with special emphasis on rescue measures, sails and navigation aids as well as documentation of the yacht.
9.5. In the case of causing failure of the yacht, excluding it from the operation, for repair time, the Yacht Owner shall be entitled to charge the Charterer with the costs of the cancellation of the next charters, until the completion of repairs. The Yacht Owner shall be obliged to remove the effects of a failure as soon as possible. The franchise deductible (own contribution to a damage) resulting from the policy shall burden the Charterer in whole.
9.6. No responsibility restriction of the Charterer shall not be applied in the case of damages exceeding the compensation received or in case of the refusal of the payment of compensation by the Insurance Company, especially when the cause of the accident involved recklessness or negligence, violation of provisions, sailing under the influence of alcohol or drugs. In addition, smoking inside the yacht shall charge the Charterer with the costs of replacing the whole upholstery of the yacht without limitation of the responsibility determined by the amount of own contribution in a damage.
9.7. The Charterer shall be responsible for any damage caused to third parties during the use of the chartered yacht, uncovered by the compensation
9.8. In the event of finishing of the charter in a marine other that specified in the agreement, the Yacht Owner shall be entitled to require to provide the yacht to the marina finishing the charter, determined in the agreement, or arrange to provide the yacht by itself, at the expense and risk of the Charterer.
Limitation of use
10.1. The Charterer may not, without the consent of the Yacht Owner, conclude an agreement for charter with a third person or place advertisings and brand names on the yacht, under pain of a contractual penalty in the amount of double payment for a day of the charter, for each day of violation of this provision.
10.2. The Yacht Owner may not, during the charter period agreed in the agreement for charter, enter another agreement for charter on the disposal of the yacht in the period, to a third party unless the Charterer has not met the obligations under the agreement.
10.3 The yacht is completely non-smoking
Place of jurisdiction
11.1. In the case of legal proceedings against claims arising from this agreement by the Charterer against the Yacht Owner, the appropriate court shall be the court having jurisdiction competent for the registered office of the Yacht Owner. The Charterer may take legal actions only in the authorized institutions and the competent courts competent for the registered office of the Yacht Owner.
11.2. The place of residence (registered office) of the Charterer or the registered office of the Yacht Owner shall be a place where the Yacht Owner may, at its discretion, take legal actions against the Charterer.
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